first off, I am dealing with an OC, look at this ITS letter that was sent to them last week, If I receive no mail from them/lawyer b4 Wed, I will file a Small claim early Thursday moning..... here is the ITS letter... Re: Account ICE0305xxxxxxxxxx NOTICE OF INTENT TO FILE LAWSUIT IN 72 HOURS To Whom It May Concern: This letter shall serve as formal notice of my intent to file a lawsuit against your company, due to your blatant and objectionable disregard of the law. On March 22, 2004 Your company received a demand for validation and cease communication letter from me by fax [copy enclosed] with confirmation. On March 23, 2004 Mr. Ezzie Schaff called my employment four (4) times, and my house two (2) times harassing my 7 year old son, after I have requested in writing that all future communications must be done in writing and sent to my home address. On the same day I called Ice.com and spoke to a supervisor named Pardo Vincelli. After I explained the scenario, Mr. Pardo Vincelli, advised me to fax him the letter again [copy enclosed] with confirmation. On March 24, 2004 Mr. Ezzie Schaff called my employment again and harassing the receptionist. On March 25, 2004 Mr. Ezzie Schaff called 3 times asked to speak to my manager or HR, and faxed 2 letters to my employment demanding monies [copies enclosed]. On March 26, 2004 Mr. Ezzie Schaff called my employment three (3) times. On March 29, 2004 Mr. Ezzie Schaff called my employment two (2) times and faxed three (3) letters demanding monies [copies enclosed]. On March 30, 2004 Mr. Ezzie Schaff called again and left a message on my managerâ??s voice mail demanding monies and faxed six (6) letters demanding monies [copies enclosed]. It is quite evident that your company has violated the law many times Iâ??m sure you are aware of the consequences in violating the Fair Debt Collection Practices Act as well as the multiple violations your company is now responsible for. If not, let me point them out for you. FDCPA 1. § 805. Communication in connection with debt collection [15USC1692c] (c) Ceasing Communication 2. § 806. Harassment or abuse [15 USC 1692d] 3.§ 807. False or misleading representations [15 USC 1692e] 4. § 809. Validation of debts [15 USC 1692g] As per the FDCPA: § 813. Civil liability [15 USC 1692k] (a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of -- (1) any actual damage sustained by such person as a result of such failure; (2) (A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000 If you wish to resolve this matter, please contact me immediately by phone or mail within 72 hours of this receipt. Please be aware, should your company fail to contact me after signing the CRRR. by xx xx 2004, I will be filing a lawsuit for multiple violations of The Fair Debt Collection Practices Act. I will be seeking civil liability in the amount of $1000 per violation. [signature] cc: My attorney, esq Federal Trade Commission FL Attorney General NY Attorney General ***************************************** I am in Florida and they are in NY, now both State laws OCs are bounded by the FDCPA law, which will be my main focus. the ? I have is that can I use both state laws in terms of combining violations? also by reading the above, how many violations I can quote? so far I have quoted under FL state law ch 559.72 paragraph 3.....violation paragraph 4.....violation paragraph 5.....violation paragraph 7.....violation paragraph 17....violation any help/suggestion is greatly appreciated...
yes they are in the state of Florida State Law.. its their collection dpt of ICE.COM that kept on calling/faxing non-stop
sorry .. wrong link... http://www.flsenate.gov/Statutes/in...e&Search_String=&URL=Ch0559/SEC72.HTM&Title=->2003->Ch0559->Section%2072
Dependent upon the wording of the florida statute, they may be considered a CA for the purposes of the florida statute, but not the FDCPA. So the actual violations you would be looking for are the comparable provisions in the florida statute.
From the way it sounds, they may be in violation of any combination of the following. I would look over the definitions to see whether the definitions in the florida statute are cross-applicable to the FDCPA. 559.72 (3) (4) (5) (6) (7)
Where did you obtain that the florida statute determined them to be a CA (DC)? Did they use another name other than their own name to contact you, that appears to be (just like in the FDCPA) that they can be considered a CA (DC). From my reading of the definitions, the florida statute looks nearly identical to the FDCPA's definitions in establishing the OC exemption. 559.55 Definitions.--The following terms shall, unless the context otherwise indicates, have the following meanings for the purpose of this part: (3) "Creditor" means any person who offers or extends credit creating a debt or to whom a debt is owed, but does not include any person to the extent that they receive an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another. (6) "Debt collector" means any person who uses any instrumentality of commerce within this state, whether initiated from within or outside this state, in any business the principal purpose of which is the collection of debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. The term "debt collector" includes any creditor who, in the process of collecting her or his own debts, uses any name other than her or his own which would indicate that a third person is collecting or attempting to collect such debts. The term does not include: (a) Any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor; (b) Any person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector for persons to whom it is so related or affiliated and if the principal business of such persons is not the collection of debts;
